(a) Permittee responsibilities.
(1) Any person required by this chapter to have a permit for an RRD shall file a complete application for any required permit within ten (10) days following notice from the Code Enforcement Officer that this chapter applies to the dwelling, which timely application shall constitute compliance with this chapter unless and until the application is denied.
(2) It shall be unlawful to rent, to receive rental income from, or to offer for rent a dwelling subject to the permit requirements of this chapter beginning ten (10) days after service of notice by the Code Enforcement Officer that a permit is required under this part unless a complete application has been submitted for the dwelling.
(3) Any permittee shall respond to any department making contact, either in person or by telephone within two (2) business days after being contacted at the telephone number, electronic mail address, street address or post office box, or facsimile provided in the application. The permittee shall submit to the department making the contact, within three (3) days of the notice, written documentation of the response. The permittee may designate a licensed rental agency as the person responsible for responding to calls for assistance from the Town departments. The designated agency must have at least one (1) agent located in the Town or within twenty-five (25) miles of the Town's planning jurisdiction who is authorized by the agency to respond to calls. The designation shall be effective only after a notarized statement is submitted to the Code Enforcement Officer in which the responsible employee is identified and agrees to accept the duty.
(4) The permittee shall maintain the dwelling so that it does not violate any applicable provision of the Town Code.
(5) The permittee shall maintain a current list of occupants. Upon request, by Town inspectors, police, and fire and emergency response personnel investigating violations or potential violations of this chapter, the permittee shall present the list of occupants to the investigating personnel.
(6) The permittee shall obtain a certificate of compliance from the Code Enforcement Officer before a vacant RRD with an unresolved notice of violation of the Housing Code is occupied by a tenant.
(7) Within thirty (30) days of the designation of a dwelling as RRD, the owner shall deliver a written notification, using the form approved by the Code Enforcement Officer to all interested parties as set forth below in a manner permitting proof of delivery. Such parties shall include, whenever applicable:
a. Each tenant;
b. Any new tenant, but such notice must be provided prior to entering a rental agreement;
c. Any association or governing body which controls the property commonly owned and associated with the dwelling; and
d. Any co-owners of the RRD, development, or real property on which the RRD is located.
The permittee shall provide proof of the delivery to the Code Enforcement Officer along with a copy of the notification within ten (10) days of receipt of proof of delivery. Such notice must include a notification that the dwelling is an RRD and explain the possible enforcement actions which can be applied for violations of the rental occupancy permit.
(8) The permittee shall comply with the requirements of this chapter in all respects.
(b) Nonpermittee responsibilities.
(1) Any person who is not the record owner or a tenant of an RRD may avoid sanctions and penalties under this chapter by filing an affidavit or notarized statement under oath that the person is not the owner or tenant of the RRD in question and has terminated any relationship with the owner or tenant concerning control, management, or rental responsibility for the RRD and that the failure to comply with the noticed violations was caused by the record owner's or tenant's refusal to comply with the chapter. This includes anyone who holds a G.S. 105-41(a)(8) or (9) privilege license as a rental agency and anyone who acts as a service agent for the owner or tenant. Any mortgagee of record, not otherwise defined as an owner, shall be deemed compliant with this chapter unless and until the other owners of the RRD fail to comply with notices of violations or orders, including for the payment of civil penalties. A mortgagee of record, not otherwise defined as an owner, shall not be liable for civil penalties or administrative fees in excess of the liability of the other owners.
(2) Prior to or within thirty (30) days of receipt of a notice of violation and notice that a dwelling will be required to obtain a residential occupancy permit, an owner may provide evidence to the Code Enforcement Officer that: (1) the activities, violations or abatements which could cause a property or dwelling to be deemed an RRD are the result of tenant behavior or action, and (2) the owner (or other responsible entity) has begun and is diligently pursuing eviction of a tenant, including legal action if necessary, on the basis of the tenant's behavior or actions. Such action shall not alleviate the need to apply for an RRD permit in the time prescribed by this chapter unless the owner takes action to begin the eviction or removal process within ten (10) days, provides evidence of the same to the Code Enforcement Officer, and provides evidence of diligent pursuit thereafter. An owner shall also be entitled to relief from any subsequent violation(s) that occur while the action to evict the tenant is pending upon the same showing to the Code Enforcement Officer.
(3) In no event may an owner avoid the requirements of this chapter for more than two (2) noticed violations in any three-year period per dwelling. Any owner who evicted or removed the tenant as a result of the tenant causing such violation(s), whether such removal is the result of a tenant voluntarily vacating the dwelling or as a result of court action, shall be deemed compliant with this chapter upon filing with the Code Enforcement Officer an affidavit or other notarized statement stating that: (1) the tenant cited for the violation no longer resides at the dwelling, or (2) the attached complaint was filed to evict the tenant and listing the actions showing diligence in effecting the eviction and attaching a copy of the signed lease with the required right to evict. If the court has denied the owner's diligent pursuit to evict the tenant, it shall be sufficient if the owner does not renew the tenant's lease at the end of the then current term and instead terminates the lease.
(Ord. No. 08-04-07-001, § 5, 4-7-08; Ord. No. 14-02-19-002, § 3, 2-19-14; Ord. No. 17-02-06-002, § 1, 2-6-17)